Transmitting an STD: Criminal Laws & Penalties

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Sexually transmitted diseases, sometimes known as venereal diseases,
are diseases that are transferred between people primarily as a result
of sexual contact. Some of these diseases can be treated or cured while
others, such as human immunodeficiency virus, or HIV, are not curable
and can lead to death. Many, but not all, states have laws that
criminalize the transmission of at least some types of STDs between
people. These laws, and the penalties imposed by them, differ
significantly among states.

HIV and Other Sexually Transmitted Diseases

Criminal
transmission of an STD crimes commonly encompass different types of
diseases. Though state laws differ, they typically include both HIV as
well as other communicable or contagious sexually transmitted diseases.
Some state laws list the individual diseases covered by name, while
others use more general language that includes any type of communicable
or sexually transmitted disease. Also, some states limit these crimes to
the transmission of HIV, while others include HIV as one of the
diseases covered by the law; yet others provide for additional penalties
if the transmitted disease is HIV.

Intentional or Reckless

You
can be convicted of the criminal transmission of an STD only if you
cause someone else to be infected intentionally, knowingly, or
recklessly. For example, if you have been diagnosed with an STD and
later engage in sexual relations with someone else without telling that
person you have the disease, you can be convicted of this crime if that
person becomes infected. (A 2013 Georgia case dealt with this kind of scenario.) However, if you are unknowingly infected with
an STD, you cannot be found guilty of this crime. In order to convict
you, a prosecutor must be able to show that you knew you had the disease
and you intentionally exposed someone else to danger. Alternately, a
prosecutor can show that, while knowing you had the disease, you were
indifferent to the risk of exposing someone else and engaged in contact
that recklessly endangered the other person.

Consent

Many
states have laws that allow for people with an STD to knowingly engage
in sexual contact without fear of prosecution if they tell the other
person about the presence of the disease. As long as the other person
consents to the relationship, the person with the STD is not guilty of
criminal transmission, even if the other person is eventually infected.

However, laws in other states do not
allow for the informed consent exception, and it's possible to be
convicted of criminal transmission of an STD in these states even when
the other person knows of the presence of the disease and consents to
the sexual contact. In practice, however, because prosecutors have
discretion when choosing which cases to prosecute, they may choose not
to bring charges in cases where adults knowingly consented to sexual
relations.

Penalties

If you are convicted
of knowingly transmitting an STD, you face a number of potentially very
serious criminal penalties. State laws categorize this crime as either a
felony or misdemeanor offense, and the potential penalties differ
significantly depending on the state where it occurs. Regardless of the
state, all criminal sentences involve the same potential types of
penalties.

Jailorprison.
A misdemeanor conviction for transmission of an STD can result in a
sentence of up to one year in jail, while a felony conviction has a
maximum penalty of a year or more in prison. Potential prison sentences
for this crime differ significantly, and while some states impose a
potential maximum sentence of up to one year in jail for the
transmission of any STD, other states allow for as much as a life
sentence in prison where a person knowingly transmits HIV.

Fines.You
can also be fined if you are convicted of either a felony or
misdemeanor transmission of an STD crime. Misdemeanor fines are
typically up to $1,000. Like jail sentences, however, state differences
are extreme, with possible felony fines going as high as $50,000.

Restitution.
Restitution payments can also be made a part of transmission of an STD
sentence. Restitution payments go towards any victims to compensate them
for the losses they have incurred, and can differ widely among cases.
Restitution must be paid in addition to any fines imposed by the court.

Probation.
In addition to, or instead of, a jail or prison sentence, courts can
also sentence someone convicted of unlawful transmission of an STD to a
probation term. Probation usually lasts one to three years, though
longer terms are possible. Those on probation must comply with the
court's probation conditions. These conditions can differ between cases,
but commonly include regularly reporting to a probation officer, paying
all required fines and restitution, submitting to random home searches,
not breaking any more laws, and not leaving the jurisdiction without
first obtaining permission from the probation officer or the court.

Sexoffenderregistration.
Someone convicted of the criminal transmission of an STD will also have
to sign up for the state's sex offender registry. Sex offender
registration requirements differ by state, but someone on the sex
offender registration list can remain there for 25 years or longer.
Registrants have a difficult if not impossible time obtaining housing
and work--in many ways, registration is the worst possible sentence.

State-by-State Laws on Transmitting an STD

Choose your state from the list below to find information about your states laws regarding transmitting an STD.

Find a Lawyer Near You

The potential penalties you face for being convicted of transmitting an STD are very serious. Getting convicted of this crime and being forced to register as a sex offender will follow you for years and ruin your life. If you are faced with a criminal charge of transmitting a sexual disease to another person, you must find an experienced criminal defense attorney near you immediately. An attorney in your area will be able to evaluate your case in light of both the laws of your state and his or her experience with area criminal courts, police, and prosecutors.

You should never speak to investigators or make any decisions about your case until you have first spoken to a local attorney. Talking to an attorney is always your best option even if you believe you have not done anything wrong.